Firecracker ban on streets applies to all festivals throughout year: Bombay High Court

The Bombay High Court on Thursday directed that its order banning bursting of firecrackers on public streets, lanes and footpaths will apply throughout the year across all festivals, including the ongoing Navratri, upcoming Diwali, Christmas and other celebrations [High Court on its own motion v. State of Maharashtra & Ors.]

A division bench of Justices Girish S Kulkarni and Neela K Gokhale extended the operation of its September 22 order to curb severe noise and air pollution during festive processions across Maharashtra. 

The Court had then passed the order during Ganeshotsav. Today, the bench expressed serious concerns over the worsening air quality and said its order will remain applicable throughout the year.

“You [authorities] have no control over burning firecrackers. We all are bound by the Constitution, and the rights of citizens are paramount. The problem is the non-following of law,” the Court said.

The order was passed in a suo motu public interest litigation (PIL) and other petitions raising grave concerns over amplified sound systems and cracker-bursting on public roads.

The judges said the toxic pollution following Diwali particularly affects children and senior citizens, necessitating a strict shift in statutory enforcement.

The bench directed the Maharashtra government, Brihanmumbai Municipal Corporation (BMC), and Maharashtra Pollution Control Board (MPCB) to undertake the following activities: 

• jointly issue public notices highlighting toxic ill-effects;

• launch awareness campaigns in schools and public transit within a week;

• enlist celebrities;

• promote low-emission green crackers; and

• institute an efficient complaint mechanism with police.

Meanwhile, the Court clarified that it has not prohibited the manufacture or sale of firecrackers.